The following general terms and conditions are valid and apply to both the property owner (as offerer of dwellings) and Crocodilian.
1. Assignment and Property Marketing
1.1. The property owner assigns Crocodilian with the marketing for one or more furnished apartment(s). The assigning of said duties comes into force after written confirmation from Crocodilian.
1.2. The property owner is obliged to compile information and documentation in order for Crocodilian to be able to market the apartment by way of an online exposé.
The property owner will make an amount of photos of the apartment available to Crocodilian.
Where applicable, Crocodilian reserves the right to produce (or have produced) its own set of photo material. (For more information/documentation, see paragraph 5)
1.3. Crocodilian will create an online exposé for the apartment(s). After previous permission from the property owner, Crocodilian will go on to publish the apartment exposé, along with the corresponding photos, on Crocodilian’s online homepage, on Facebook and on other appropriate online real estate portals.
1.4. Crocodilian is to undertake a prior examination as well as preselection of prospective tenants. On this basis, Crocodilian will establish contact between the property owner and prospective tenants.
If desired, Crocodilian will also assume the duties of property viewings and eventual appointments arising from the apartment handing-over and return.
1.5. Crocodilian shall provide a rental contract form (both in German and English).
The rental contract form can in turn be used for the signing of the rental contract agreement between the property owner and the tenant. Crocodilian can assume no liability for any clauses in the form draft that may either continue to endure or reflect current jurisdiction.
1.6. The property owner is obliged to keep Crocodilian informed of the status of the negotiations with the tenant. In the case of a rental contract agreement signing, the property owner is explicitly obliged to inform Crocodilian of this step.
2. Signing of a rental agreement; rent collection
2.1. A rental contract agreement comes into force exclusively between the property owner and the tenant.
2.2. So long as this is desired by the property owner, Crocodilian can be assigned with the monthly rent collection from the tenant.
If applicable, a separate assigning of these duties to Crocodilian is required.
In particular, the property owner must authorize Crocodilian to represent him/her to tenant for collection. As such, Crocodilian will be able to request the tenant to pay into an escrow account, created for this purpose. Crocodilian ensures the property owner that received rental payments will be will transferred the owner in due course.
Crocodilian assumes no liability with concern to the financial solvency of the tenant, or whether monthly rent will in actual fact be regularly paid by the tenant.
These services are free of charge.
3.1. The basis of the calculation of the commission is the total monthly rent at the time of conclusion of the contract, including ancillary costs (operating costs) and special charges (e.g. underground carpark, car parking space, Internet connection etc.)
If the monthly rent is reduced during the rental period, e.g. due to defects etc., the agency fee remains unaffected.
The level of commission, according to the initially disclosed advance payment sum complies with the actual (i.e. contractually agreed upon) rental period.
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3.2. Upon the conclusion of a rental agreement, Crocodilian will produce a written message, by way of the property owner, informing of advance payment.
In the event that the tenancy agreement is extended beyond the period stated in the rental agreement, commission claim shall also be increased accordingly.
3.3. In the case that the tenancy agreement lasts less time that stated in the rental contract, the commission claim shall only be based upon the actual (i.e. lived-in) duration of the tenancy agreement.
Should such a circumstance occur, Crocodilian will bill a new invoice, and if applicable, reimburse excess commission paid by the property owner.
4. Duty of disclosure from the property owner
4.1. Before the conclusion of a contract with Crocodilian, the property owner is required to provide particular information and documentation to Crocodilian.
The property owner must inform Crocodilian when specific details concerning a rental property for a rental agreement should change (contact information, rental price, furnishings, availability etc.)
4.2. Insofar as the property owner is not actual proprietor, he/she must prove to Crocodilian that he/she is entitled to the subletting of the property.
The owner ensures that the property on offer is not a publicly subsidized apartment, or another form of price-bound dwelling.
4.3. The property owner is required to inform Crocodilian immediately, should the conlusion of a rental agreement of a property that has been marketed by Crocodilian take place.
4.4. The property owner must provide Crocodilian with an apartment energy certificate. This certificate will be published by Crocodilian on the online exposé. The property owner ensures that details provided in the energy certificate with regard to the property marketed are correct.
5. Rights to photographic material
5.1. Crocodilian will publish photographic material concerning the property on the Crocodilian homepage, on Facebook or on other websites and portals. The property owner declares his/her consent in this regard.
5.2. Crocodilian is entitled, but not required, to take photos or film material of the interior spaces, and if applicable, facade areas of the property for its own use.
Crocodilian possesses the sole right of use of any photo, video or floor plan material that is produced.
5.3. Should the property owner provide photographic material of a property, he/she grants Crocodilian the ordinary, gratuitous right of use for any of the aforementioned resources. Crocodilian is therefore entitled to use and publish any such photographic materials. Crocodilian is not obliged to name the author of the material.
The property owner ensures that the photographic material provided is free from rights of third parties. Insofar as Crocodilian is in violation of the rights of third parties, with respect to photographic material provided by the property owner, the property owner shall indemnify Crocodilian from all reasonable costs connected with it.
6. Liability of Crocodilian
6.1. Crocodilian is not a party to the rental agreement. Crocodilian cannot be liable for a tenant's ability to pay. Crocodilian assumes no liability for the payment of agreed rental costs. Crocodilian also assumes no liability in the event of any (intentional or negligent) damages to the property caused by the tenant.
7. Contract term
7.1. The contract between the property owner and Crocodilian is unlimited. The contract is not terminated by the letting of a property.
7.2. The contract can be terminated by both contractual parties within a cancellation period of four weeks at month's end. The termination must be made in writing.
If, before the termination notice, proof of a prospective tenant can be made, the commission of a later conclusion of rental agreement can be claimed by Crocodilian.
8. Data protection
8.1. Crocodilian will keep any data of the property owner (name, contact details, property details) confidential. Crocodilian shall only pass on such information to prospective tenants (or representatives) who are looking for an apartment.
8.2. The property owner is obliged to keep any details that are received from tenants through Crocodilian (name, contact details, information pertaining to employer etc.) confidential, and to not give such information to third parties, as long as he/she is legally obliged to disclose this.
9. Cancellation policy
In the instance that the property owner is a constumer according to the laws of consumer protection, he/she is entitled to the right of withdrawal. The following is to be considered:
You have a right of withdrawal without stating reasons, within a period of 14 (fourteen) days.
The withdrawal period is 14 (fourteen) days from the day of contract conclusion.
In order to exercise your right of withdrawal, you must contact Crocodilian under the following address: (contact details to fill in.)
To observe the withdrawal period, it is sufficient to send a message of your exercising of your right of revocation within withdrawal period.
Insofar as the right of withdrawal is exercised on the part of property owner, any ensuing payments that have been made by the property owner must be reimbursed by Crocodilian.
To the extent that the property owner has requested certain services that have already been rendered on the part of Crocodilian during the period of withdrawal (apartment viewing appointment, production of photographic material etc.) these are to be compensated accordingly, at a typical, a local price, on the part of the property owner.
10. Applicable Law, Place of Jurisdiction
10.1. The brokerage contract is governed by German law.
10.2. The place of jurisdiction is Berlin, so long as the property owner is a merchant or legal entity according to public law, or whose place of residence is outside of German territory.